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P. v. Berdon

P. v. Berdon
07:26:2006


P. v. Berdon




Filed 7/25/06 P. v. Berdon CA1/2





NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST APPELLATE DISTRICT



DIVISION TWO










THE PEOPLE,


Plaintiff and Respondent,


v.


WILFREDO BALIGUAT BERDON,


Defendant and Appellant.



A112969


(San Mateo County


Super. Ct. No. SC59782)



Counsel appointed for defendant Wilfredo Baliguat Berdon has asked this court to independently examine the record in accordance with People v. Wende (1979) 25 Cal.3d 436, to determine if there are any arguable issues that require briefing. We have conducted that review, conclude there are no arguable issues, and affirm.


Our examination reveals that a jury acquitted defendant of making a criminal threat (Pen. Code, § 422), but it found him guilty as charged of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), possessing a switchblade knife (Pen. Code, § 653k), and misdemeanor battery (Pen. Code, § 242). The verdicts were returned after the jury heard the following evidence:


On the evening of October 19, 2005, Glenn Santiago was the security officer at a Daly City bar. Defendant was inside the bar. He had been drinking, which apparently led to his breaking things, cursing at patrons and staff, and becoming involved in a fight. The bar's manager ordered Santiago to remove defendant from the bar. Later that night, when Santiago left the bar at closing time, he saw defendant kicking the door. After Santiago told him to stop, defendant ran into the street and â€





Description A decision as to asking this court to independently examine the record in accordance with People v. Wende in the matter of assault with a deadly weapon, possessing a switchblade knife and misdemeanor battery.
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